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Prevention of Terrorism Bill


Prevention of Terrorism Bill

1

 

A

Bill

To

provide for the making against individuals involved in terrorism-related

activity of orders imposing obligations on them for purposes connected with

preventing or restricting their further involvement in such activity; to make

provision about appeals and other proceedings relating to such orders; and for

connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Control orders

1       

Power to make control orders

(1)   

The Secretary of State may make an order (called a “control order”) against an

individual if he—

(a)   

has reasonable grounds for suspecting that the individual is or has been

5

involved in terrorism-related activity; and

(b)   

considers that it is necessary, for purposes connected with protecting

members of the public from the risk of terrorism, to make an order

imposing obligations on the individual.

(2)   

A control order may impose any obligation on the individual against whom it

10

is made that the Secretary of State considers necessary for purposes connected

with preventing or restricting further involvement by that individual in

terrorism-related activity (whether or not activity by reference to which the

Secretary of State was satisfied for the purposes of subsection (1)(a)).

(3)   

The obligations that may be imposed by a control order on the controlled

15

person include, in particular—

(a)   

a prohibition or restriction on his possession or use of specified articles

or substances;

(b)   

a prohibition or restriction on his use of specified services or specified

facilities, or on his carrying on specified activities;

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HL Bill 3453/4
 
 

Prevention of Terrorism Bill

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(c)   

a restriction in respect of his work or other occupation, or in respect of

his business;

(d)   

a restriction on his association or communications with specified

persons or with other persons generally;

(e)   

a restriction in respect of his place of residence or on the persons to

5

whom he gives access to his place of residence;

(f)   

a prohibition on his being at specified places or within a specified area

at specified times or on specified days;

(g)   

a prohibition or restriction on his movements to, from or within the

United Kingdom, a specified part of the United Kingdom or a specified

10

place or area within the United Kingdom;

(h)   

a requirement on him to comply with such other prohibitions or

restrictions on his movements as may be imposed, for a period not

exceeding 24 hours, by directions given to him in the specified manner,

by a specified person and for the purpose of securing compliance with

15

other obligations imposed by or under the order;

(i)   

a requirement on him to surrender his passport, or anything in his

possession to which a prohibition or restriction imposed by the order

relates, to a specified person for a period not exceeding the period for

which the order remains in force;

20

(j)   

a requirement on him to give access to specified persons to his place of

residence or to other premises to which he has power to grant access;

(k)   

a requirement on him to allow specified persons to search that place or

any such premises for the purpose of ascertaining whether obligations

imposed by or under the order have been, are being or are about to be

25

contravened;

(l)   

a requirement on him to allow specified persons, either for that purpose

or for the purpose of securing that the order is complied with, to

remove anything found in that place or on any such premises and to

subject it to tests or to retain it for a period not exceeding the period for

30

which the order remains in force;

(m)   

a requirement on him to co-operate with specified arrangements for

enabling his movements, communications or other activities to be

monitored by electronic or other means;

(n)   

a requirement on him to comply with a demand made in the specified

35

manner to provide information to a specified person in accordance

with the demand;

(o)   

a requirement on him to report to a specified person at specified times

and places.

(4)   

Every power by or under a control order to prohibit or restrict the controlled

40

person’s movements—

(a)   

includes, in particular, power to impose a requirement on him to

remain at or within a particular place or area (whether for a particular

period or at particular times or generally); and

(b)   

is subject (where they are applicable) to the provisions of section 2.

45

(5)   

The reference in subsection (3)(m) to co-operating with specified arrangements

for monitoring includes a reference to each of the following—

(a)   

submitting to procedures required by the arrangements;

(b)   

wearing or otherwise using apparatus approved by or in accordance

with the arrangements;

50

(c)   

maintaining such apparatus in the specified manner;

 
 

Prevention of Terrorism Bill

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(d)   

complying with directions given by persons carrying out functions for

the purposes of those arrangements.

(6)   

The information that the controlled person may be required to provide under

a control order includes, in particular, advance information about his proposed

movements or other activities.

5

(7)   

A control order may provide for a prohibition, restriction or requirement

imposed by or under the order to apply only where a specified person has not

given his consent or approval to what would otherwise contravene the

prohibition, restriction or requirement.

(8)   

For the purposes of this Act involvement in terrorism-related activity is any

10

one or more of the following—

(a)   

the commission, preparation or instigation of acts of terrorism;

(b)   

conduct which facilitates the commission, preparation or instigation of

such acts, or which is intended to do so;

(c)   

conduct which gives encouragement to the commission, preparation or

15

instigation of such acts, or which is intended to do so;

(d)   

conduct which gives support or assistance to individuals who are

known or believed to be involved in terrorism-related activity;

   

and for the purposes of this subsection it is immaterial whether the acts of

terrorism in question are specific acts of terrorism or acts of terrorism

20

generally.

2       

Derogations from the right to liberty

(1)   

The Secretary of State may make a control order imposing an obligation that is

incompatible with the controlled person’s right to liberty under Article 5 of the

Human Rights Convention if, but only if—

25

(a)   

he is satisfied, on the balance of probabilities, that that person is an

individual who is or has been involved in terrorism-related activity;

(b)   

he considers that the imposition of the obligation is necessary for

purposes connected with protecting members of the public from risks

arising out of, or associated with, a particular public emergency;

30

(c)   

there is for the time being a designated derogation in respect of that

emergency from the whole or a part of that Article; and

(d)   

the obligation is of a description of obligations which, for the purposes

of that derogation, is set out in the designation order.

(2)   

Where the Secretary of State makes a control order imposing a derogating

35

obligation—

(a)   

he must immediately refer the order to the court and notify the

controlled person that he has done so; and

(b)   

the court must consider whether the matters relied on by the Secretary

of State to justify the making of the order were capable (if not

40

disproved) of constituting reasonable grounds for him to make the

order he did.

(3)   

The court’s consideration on a reference under subsection (2)(a) must begin no

more than 7 days after the day on which the control order in question was

made.

45

(4)   

On a reference under subsection (2)(a), the court—

 
 

Prevention of Terrorism Bill

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(a)   

if not satisfied that the matters relied on by the Secretary of State were

capable of constituting reasonable grounds for him to make a control

order against the controlled person, must quash the order;

(b)   

if satisfied that they were capable of constituting reasonable grounds

for the making of a control order against that person but not for the

5

making of one imposing a derogating obligation, must quash the

derogating obligation imposed by the order; and

(c)   

in any other case, must give directions for the carrying out of a hearing

by the court relating to the order.

(5)   

On a hearing by the court under subsection (4)(c), the court must conduct its

10

own hearing of each of the matters that fell to be determined by the Secretary

of State—

(a)   

in making his decision to make the order; and

(b)   

in making his decisions to impose the obligations imposed by the order;

   

and the court must make its own determination on each of those matters.

15

(6)   

The powers of the court on making the determinations under subsection (5) are

confined to—

(a)   

power to confirm the order as made;

(b)   

power to quash the order;

(c)   

power to quash one or more obligations imposed by the order;

20

(d)   

power to give directions to the Secretary of State for the revocation of

the order or for the modification of the obligations it imposes.

(7)   

If requested to do so by the controlled person, the court must discontinue—

(a)   

a reference under subsection (2)(a); or

(b)   

a hearing under subsection (4)(c).

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(8)   

In this Act—

“derogating obligation” means an obligation of a description of

obligations which, for the purposes of the designation of a designated

derogation, is set out in the designation order; and

“designated derogation” has the same meaning as in the Human Rights

30

Act 1998 (c. 42) (see section 14(1) of that Act).

(9)   

In this section “designation order”, in relation to a designated derogation,

means the order under section 14(1) of the Human Rights Act 1998 by which

the derogation is designated.

3       

Duration and renewal of non-derogating control orders

35

(1)   

A non-derogating control order—

(a)   

has effect for a period of 12 months beginning with the day on which it

is made; but

(b)   

may be renewed on one or more occasions in accordance with this

section.

40

(2)   

A non-derogating control order must specify when the period for which it is to

have effect will end.

(3)   

The Secretary of State may renew a non-derogating control order (with or

without modifications) for a period of 12 months if he—

 
 

Prevention of Terrorism Bill

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(a)   

considers that it is necessary, for purposes connected with protecting

members of the public from the risk of terrorism, for an order imposing

obligations on the controlled person to continue in force; and

(b)   

considers that the obligations to be imposed by the renewed order are

necessary for purposes connected with preventing or restricting

5

involvement by that person in terrorism-related activity.

(4)   

Where the Secretary of State renews a non-derogating control order, the 12

month period of the renewal begins to run from whichever is the earlier of—

(a)   

the time when the order would otherwise have ceased to have effect; or

(b)   

the beginning of the seventh day after the date of renewal.

10

(5)   

The instrument renewing a non-derogating control order must specify when

the period for which it is renewed will end.

4       

Duration of derogating control orders

(1)   

A derogating control order—

(a)   

has effect (subject to subsection (3)) for a period of 6 months beginning

15

with the day on which it is made;

(b)   

must specify when that period will end; and

(c)   

may not be renewed.

(2)   

Subsection (1)(c) does not prevent the Secretary of State, whenever a

derogating control order ceases to have effect—

20

(a)   

from exercising any power of his to make a new control order to the

same or similar effect for a further 6 month period; or

(b)   

from relying, in whole or in part, on the same matters for the purpose

of making that new order.

(3)   

A derogating control order has effect at a time only if—

25

(a)   

the relevant derogation remains in force at that time; and

(b)   

that time is not more than 12 months after—

(i)   

the making of the order under section 14(1) of the Human

Rights Act 1998 (c. 42) designating that derogation; or

(ii)   

the making by the Secretary of State of an order declaring that it

30

continues to be necessary for him to have power to impose

derogating obligations by reference to that derogation.

(4)   

The power of the Secretary of State to make an order containing a declaration

for the purposes of subsection (3)(b)(ii) is exercisable by statutory instrument.

(5)   

No order may be made by the Secretary of State containing such a declaration

35

unless a draft of it has been laid before Parliament and approved by a

resolution of each House.

(6)   

Subsection (5) does not apply to an order that contains a statement by the

Secretary of State that the order needs, by reason of urgency, to be made

without the approval required by that subsection.

40

(7)   

An order under this section that contains such a statement—

(a)   

must be laid before Parliament after being made; and

(b)   

if not approved by a resolution of each House before the end of 40 days

beginning with the day on which the order was made, ceases to have

effect at the end of that period.

45

 
 

Prevention of Terrorism Bill

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(8)   

Where an order ceases to have effect in accordance with subsection (7), that

does not—

(a)   

affect anything previously done in reliance on the order; or

(b)   

prevent the Secretary of State from exercising any power of his to make

a new order for the purposes of subsection (3)(b)(ii) to the same or

5

similar effect.

(9)   

In this section—

“40 days” means 40 days computed as provided for in section 7(1) of the

Statutory Instruments Act 1946 (c. 36);

“the relevant derogation”, in relation to a derogating control order, means

10

the designated derogation by reference to which the derogating

obligations imposed by that order were imposed.

5       

Modification, notification and proof of orders etc.

(1)   

If while a control order is in force the controlled person considers that there has

been a change of circumstances affecting the order, he may make an

15

application to the Secretary of State for—

(a)   

the revocation of the order; or

(b)   

the modification of an obligation imposed by the order;

   

and it shall be the duty of the Secretary of State to consider the application.

(2)   

The Secretary of State may, at any time (whether or not in response to an

20

application by the controlled person)—

(a)   

revoke a control order;

(b)   

relax or remove an obligation imposed by such an order;

(c)   

with the consent of the controlled person, modify the obligations

imposed by such an order; or

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(d)   

make to the obligations imposed by such an order any modification

which he considers necessary for purposes connected with preventing

or restricting involvement by the controlled person in terrorism-related

activity.

(3)   

The Secretary of State may not, by virtue of subsection (2)(d), make any

30

modification the effect of which is that a non-derogating control order becomes

an order imposing a derogating obligation; but this does not prevent the

Secretary of State—

(a)   

from exercising any power of his to make a new control order imposing

such an obligation on the same individual; or

35

(b)   

from relying, in whole or in part, on the same matters for the purpose

of making that new order.

(4)   

Where a revocation or modification of a control order is not to take effect

immediately, the instrument of revocation or modification must specify the

time from which it is to take effect.

40

(5)   

The controlled person is bound by—

(a)   

a control order,

(b)   

the renewal of a control order, or

(c)   

a modification by virtue of subsection (2)(d),

   

only if a notice setting out the terms of the order, renewal or modification has

45

been delivered to him in person.

 
 

Prevention of Terrorism Bill

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(6)   

For the purpose of delivering a notice under subsection (5) to the controlled

person a constable or a person authorised for the purpose by the Secretary of

State may (if necessary by force)—

(a)   

enter any premises where he has reasonable grounds for believing that

person to be; and

5

(b)   

search those premises for him.

(7)   

Where the Secretary of State revokes a control order or modifies it by virtue of

subsection (2)(b) or (c), he must give notice of the revocation or modification to

the controlled person.

(8)   

A control order, or the renewal, revocation or modification of such an order,

10

may be proved by the production of a document purporting to be certified by

the Secretary of State as a true copy of—

(a)   

the order; or

(b)   

the instrument of renewal, revocation or modification;

   

but this does not prevent the proof of a control order, or of the renewal,

15

revocation or modification of such an order, in other ways.

6       

Offences

(1)   

A person who, without reasonable excuse, contravenes an obligation imposed

on him by a control order is guilty of an offence.

(2)   

A person is guilty of an offence if—

20

(a)   

a control order by which he is bound at a time when he leaves the

United Kingdom requires him, whenever he enters the United

Kingdom, to report to a specified person that he is or has been the

subject of such an order;

(b)   

he re-enters the United Kingdom after the order has ceased to have

25

effect;

(c)   

the occasion on which he re-enters the United Kingdom is the first

occasion on which he does so after leaving while the order was in force;

and

(d)   

on that occasion he fails, without reasonable excuse, to report to the

30

specified person in the manner that was required by the order.

(3)   

A person is guilty of an offence if he intentionally obstructs the exercise by any

person of a power conferred by section 5(6).

(4)   

A person guilty of an offence under subsection (1) or (2) shall be liable—

(a)   

on conviction on indictment, to imprisonment for a term not exceeding

35

5 years or to a fine, or to both;

(b)   

on summary conviction in England and Wales, to imprisonment for a

term not exceeding 12 months or to a fine not exceeding the statutory

maximum, or to both;

(c)   

on summary conviction in Scotland or Northern Ireland, to

40

imprisonment for a term not exceeding 6 months or to a fine not

exceeding the statutory maximum, or to both.

(5)   

In relation to an offence committed before the commencement of section 154(1)

of the Criminal Justice Act 2003 (c. 44), the reference in subsection (4)(b) to 12

months is to be read as a reference to 6 months.

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